New Jersey work injury attorneys Rispoli & Borneo, P.C. have been protecting the rights of injured workers for decades. Guided by a passionate zeal for the law and a determination to get justice, we are a law firm that New Jersey residents can count on for successful results. If you would like to know more about our New Jersey work injury attorneys, or if you would like to discuss your personal legal matter in further detail, please contact us for a free consultation.
Can I sue my employer for a workplace injury?
In general, you are unable to sue your employer for a workplace injury. This is because a workers’ compensation system has been developed to protect both employers and employees. The system requires the employer to pay a certain amount into a workers’ compensation insurance policy, and if an employee is injured on the job, he or she can then collect payments from the insurer to cover their losses. Our work injury attorneys in New Jersey want you to know that this system can benefit both parties: employees do not have to prove negligence or liability, and the employer does not have to worry about being sued by an employee. If you have been injured on the job, you can go through the workers’ compensation process rather than filing a personal injury claim. New Jersey work injury attorneys can explain this process to you or help you file it to ensure you get maximum compensation.
In general, injured workers may seek compensation through a workers’ comp claim rather than through a lawsuit. However, there are a few exceptions where a lawsuit may be permissible. These include:
- Accidents that were caused by a defective product
- The employer does not have workers compensation insurance
- The injury was caused by a third party
- The injury was caused by exposure to toxic substances, like asbestos
- The injury was caused by the intentional actions of the employer
If work injury attorneys in New Jersey believe your employer caused you intentional harm, a tort might be filed in civil court. Tort injuries are complex, but can stem from:
- Intentional infliction of emotional distress
- Invasion of Privacy
- Unlawful Trespass
- Assault and/or battery
- False imprisonment
For more information on tort injuries, please call our New Jersey work injury attorneys at Rispoli & Borneo, P.C.
Benefits of Filing for Workers Compensation
The workers comp system has several benefits for the injured employee. For instance, a lawsuit can take several years before being settled, whereas a workers’ comp claim might only take a few weeks. This will help the employee cover the costs of everyday expenses sooner rather than later. Furthermore, filing a lawsuit does not always guarantee compensation and could require the case to go to trial. This can carry a risk of losing and receiving absolutely nothing. New Jersey work injury attorneys may get compensation quickly and without any risk of losing out on what you may deserve.
Rispoli & Borneo, P.C. Is on Your Side
As with any legal matter, it’s important to find out what a lawyer has to say. For a complimentary consultation with New Jersey work injury attorneys, please call (908) 353-0800.
Workers’ Compensation and Pre Existing Injuries
Our New Jersey work injury attorneys will tell you that following a work-related injury, much of the time workers’ compensation may be the most appropriate course of action. You may be wondering what happens if you were aggravated an old injury. In this case, sometimes your new job can cause a previous injury to come to the surface. Would you still be eligible for workers’ compensation? The answer may be complicated, making it important that you contact Rispoli & Borneo, P.C., New Jersey work injury attorneys you can rely on. .
Often, when you have a pre-existing injury, the insurance company will deny the claim quickly. This does not mean that you should not keep trying, however. It’s important that you understand that you still might be eligible to receive compensation. Insurance companies may deny claims of pre-existing injuries that include:
- Torn ligaments
- Broken bones
- Herniated discs
Often our New Jersey work injury attorneys have seen employees give up as the result of a claim denial from the insurance company. Instead, we recommend that employees contact a New Jersey work injury attorney should a claim for a pre existing condition denied. That way, you will know if there is a fighting chance of obtaining compensation for your injuries.
Keep in mind that if you have a pre-existing condition, the insurance company may deny your claim. Should this occur, it’s important that you are prepared with a New Jersey work injury attorney by your side. They can help you to stay ahead of the process. It’s important that you file a claim as soon after your work related accident as possible. When doing so, you should not make any attempts to hide your pre existing condition. Failing to disclose a prior injury may result in a denial of your claim by the insurance adjuster. Our work injury attorneys based in New Jersey can assist you in completing all of the necessary paperwork and guide you throughout the process.
When it comes to pre existing injuries on the job, our New Jersey work injury attorney will tell you that it’s likely that you are eligible for workers’ compensation If it was an old workers’ compensation case, then you may be able to reopen the old case. For new injuries or aggravations, you still may be eligible. It’s important to be open and honest with medical professionals and the insurers. Even if you think you will face denial, still file a report with the guidance and support of a work injury attorney serving New Jersey.
Do not be alarmed if the workers’ compensation insurance company tries to deny your claim. In cases where there is a pre-existing condition, this is commonplace. This does not necessarily mean that you are not eligible. Speak with Rispoli & Borneo, P.C., New Jersey work injury attorneys you can rely on to help you understand your options and develop a plan for how to proceed.